Title 30 TAC 116.110 - 115, May 15, 1997Synopsis of specific rules from air permitting that were in effect on this date.https://www.tceq.texas.gov/permitting/air/permitbyrule/historical_rules/old116/may1597/110.htmlhttps://www.tceq.texas.gov/@@site-logo/tceqlogo-3colors.gif

Title 30 TAC 116.110 - 115, May 15, 1997

Synopsis of specific rules from air permitting that were in effect on this date.

Subchapter B New Source Review Permits

(a) Permit to construct. Any person who plans to construct any
new facility or to engage in the modification of any existing
facility which may emit air contaminants into the air of this state
shall obtain a permit pursuant to § 116.111 of this title
(relating to General Applications), satisfy the conditions for a
standard permit pursuant to the requirements in Subchapter F of
this chapter (relating to Standard Permits), satisfy conditions for
a flexible permit pursuant to the requirements in Subchapter G of
this chapter (relating to Flexible permits), or satisfy the
conditions for exempt facilities pursuant to Subchapter C of this
chapter (relating to Permit exemptions) before any actual work is
begun on the facility. Modifications to existing permitted
facilities may be handled through the amendment of an existing
permit or an existing flexible permit.

(b) Operations certification

(1) To ensure that operations addressed in the applicant's
permit are in conformance with the representations in the permit
application, any person who has applied for and received a permit
from the Texas Natural Resource Conservation Commission shall:

(A) submit the first part of the operations certification before
commencing operations certifying that, to the best of the knowledge
of an individual with process knowledge in a managerial capacity
signing the certification, the facilities or changes authorized by
the permit have been accomplished as represented, if those
representations affect emissions, method of control, or character
of emissions;

(B) submit a second certification certifying that, to the best
of the knowledge of an individual with process knowledge in a
managerial capacity signing the certification, the facility
complies with all terms of the preconstruction permit and that
operations of the facility are in compliance with the Texas Clean
Air Act and the rules of the TNRCC. This certification shall be
submitted simultaneously with any report of testing or monitoring
results required by the permit or, if no testing or monitoring is
required, within 60 days of the commencement of operation. The
certification deadline may be extended by the Executive Director
upon a showing of good cause by the permit holder; the request for
extension must be filed prior to the certification deadline.

(2) Multiple operations certifications may be submitted on a
facility-by-facility basis for a given permit.

(3) All permits issued after the effective date of this
subsection are subject to the provisions of this subsection.

(c) Change in ownership.

(1) The new owner of a facility which previously has received a
permit or special permit from the TNRCC shall not be required to
apply for a new permit or special permit, and the change of
ownership shall not be subject to the public notification
requirements of this chapter, provided that within 30 days after
the change of ownership the new owner notifies the TNRCC of the
change. The notification shall include a certification of each of
the following:

(A) the ownership change has occurred and the new owner agrees
to be bound by all conditions of the permit or special permit and
all representations made in the application for permit or special
permit and any amendments to the permit;;

(B) there will be no change in the type of pollutants
emitted;

(C) there will be no increase in the quantity of pollutants
emitted.

(2) The new owner of the facility is required to comply with all
conditions of the permit or special permit and all representations
made in the application for permit or special permit and any
amendments to the permit.

(d) Submittal under seal of registered professional engineer.
All applications for permit or permit amendment with an estimated
capital cost of the project above $2 million, and not subject to
any exemption contained in the Texas Engineering Practice Act
(TEPA), shall be submitted under seal of a registered professional
engineer. However, nothing in this subsection shall limit or affect
any requirement which may apply to the practice of engineering
under the TEPA or the actions of the Texas State Board of
Registration for Professional Engineers. For purposes of this
subsection, the estimated capital cost is defined in § 116.141
of this title (relating to Permit Fees).

(e) Responsibility for permit application. The owner of the
facility or the operator of the facility authorized to act for the
owner is responsible for complying with this section.

116.111 General
Application

Any application for a new permit, permit amendment, or special
permit amendment must include a completed Form PI-1 General
Application. The Form PI-1 must be signed by an authorized
representative of the applicant. The Form PI-1 specifies additional
support information which must be provided before the application
is deemed complete. In order to be granted a permit, permit
amendment or special permit amendment, the owner or operator of the
proposed facility shall submit information to the TNRCC which shall
demonstrate that all of the following are met:

(1) Protection of public health and welfare. The emissions from
the proposed facility will comply with all rules and regulations of
the TNRCC and with the intent of the TCAA, including protection of
the health and physical property of the people. In considering the
issuance of a permit for construction or modification of any
facility within 3,000 feet or less of an elementary, junior
high/middle or senior high school, the TNRCC shall consider any
possible adverse short-term or long-term side effects that an air
contaminant or nuisance odor from the facility may have on the
individuals attending these school facilities.

(2) Measurement of emissions. The proposed facility will have
provisions for measuring the emission of significant air
contaminants as determined by the executive director. This may
include the installation of sampling ports on exhaust stacks and
construction of sampling platforms in accordance with guidelines in
the TNRCC "Compliance Sampling Manual."

(3) Best available control technology (BACT). The proposed
facility will utilize BACT, with consideration given to the
technical practicability and economic reasonableness of reducing or
eliminating the emissions from the facility.

(4) Federal New Source Performance Standards (NSPS). The
emissions from the proposed facility will meet at least the
requirements of any applicable NSPS as listed under Title 40 Code
of Federal Regulations (CFR) Part 60, promulgated by the EPA
pursuant to authority granted under the FCAA, § 111, as
amended.

(5) National Emission Standards for Hazardous Air Pollutants
(NESHAP). The emissions from the proposed facility will meet at
least the requirements of any applicable NESHAP, as listed under 40
CFR Part 61, promulgated by EPA pursuant to authority granted under
the FCAA, § 112, as amended.

(6) Performance demonstration. The proposed facility will
achieve the performance specified in the permit application. The
applicant may be required to submit additional engineering data
after a permit has been issued in order to demonstrate further that
the proposed facility will achieve the performance specified in the
permit application. In addition, dispersion modeling, monitoring,
or stack testing may be required.

(7) Nonattainment review. If the proposed facility is located in
a nonattainment area, it shall comply with all applicable
requirements under the undesignated head concerning nonattainment
review.

(8) Prevention of Significant Deterioration (PSD) review. If the
proposed facility is located in an attainment area, it shall comply
with all applicable requirements under the undesignated head
concerning PSD.

(9) Air dispersion modeling. Computerized air dispersion
modeling may be required by the TNRCC permits program to determine
air quality impacts from a proposed new facility or source
modification.

116.112 Distance
Limitations

(a) Lead smelters. Pursuant to the Texas Clean Air Act, §
382.053, a permit shall not be issued for a new lead smelting plant
at a site located within 3,000 feet of the residence of any
individual and at which lead smelting operations have not been
conducted before August 31, 1987. This subsection does not apply to
a modification of a lead smelting plant in operation on or before
August 31, 1987, to a new lead smelting plant or modification of a
plant with the capacity to produce not more than 200 pounds of lead
per hour, or to a lead smelting plant that was located more than
3,000 feet from the nearest residence when the plant began
operations.

(b) Hazardous waste permits. Permits for hazardous waste
management facilities shall not be issued if the facility is to be
located in the vicinity of specified public access areas under the
following circumstances.

(1) No permit shall be issued for a new hazardous waste landfill
or land treatment facility or an areal expansion of an existing
facility if the boundary of the facility or expansion is to be
located within 1,000 feet of an established residence, church,
school, day care center, surface water body used for a public
drinking water supply, or dedicated public park.

(2) No permit shall be issued for a new commercial hazardous
waste management facility or the subsequent areal expansion of such
a facility or unit of that facility if the boundary of the unit is
to be located within 1/2 mile (2,640 feet) of an established
residence, church, school, day care center, surface water body used
for a public drinking water supply, or dedicated public park.

(3) For a subsequent areal expansion of a new commercial
hazardous waste management facility that is required to comply with
paragraph (2) of this subsection, distances shall be measured from
a residence, church, school, day care center, surface water body
used for a public drinking water supply, or dedicated public park
only if such structure, water supply, or park was in place at the
time the distance was certified for the original permit.

(4) No permit shall be issued for a new commercial hazardous
waste management facility that is proposed to be located within 1/2
mile (2,640 feet) from an established residence, church, school,
day care center, surface water body used for a public drinking
water supply, or dedicated public park, at any distance beyond the
facility's property boundaries, unless the applicant demonstrates
that the facility will be operated so as to safeguard public health
and welfare and protect physical property and the environment.

(5) The measurement of distances required by paragraphs (1) -
(4) of this subsection shall be taken toward an established
residence, church, school, day care center, surface water body used
for a public drinking water supply, or dedicated public park that
is in use when the permit application is filed with the Texas
Natural Resource Conservation Commission. The restrictions imposed
by paragraphs (1) - (4) of this subsection do not apply to a
residence, church, school, day care center, surface water body used
for a public drinking water supply, a dedicated public park located
within the boundaries of a commercial hazardous waste management
facility, or property owned by the permit applicant.

(6) The measurement of distances required by paragraphs (1) -
(4) of this subsection shall be taken from a perimeter around the
proposed hazardous waste management unit. The perimeter shall be no
more than 75 feet from the edge of the proposed hazardous waste
management unit.

116.114 Application Review
Schedule

(a) Review schedule. The permit application will be reviewed by
the TNRCC in accordance with the following schedule.

(1) Within 90 days of receipt of an application for a new
permit, or amendment to a permit or special permit, the executive
director shall mail written notification informing the applicant
that the application is complete or that it is deficient. If the
application is deficient, the notification shall state any
additional information required, and the intent of the executive
director to void the application if information for a complete
application is not submitted. Additional information may be
requested within 60 days of receipt of the information provided in
response to the deficiency notification.

(2) Within 180 days of receipt of a completed permit
application, or 150 days of receipt of a permit amendment or
special permit amendment, the Executive Director shall mail written
notice informing the applicant of his decision to approve or not
approve the application provided that no requests for public
hearing or public meeting on the proposed facility have been
received and the applicant has provided public notification as
required by the executive director.

(3) If the time limits provided in this section to process an
application are exceeded, the applicant may appeal in writing to
the executive director. If the executive director finds that the
application was not approved or denied with the specified period
and that the agency exceeded that period without good cause, as
provided in Texas Civil Statutes, Article 6252-13b.1, § 3, the
executive director shall reimburse the permit fee which was
remitted with the application.

(b) Voiding of deficient application. An applicant shall make a
good faith effort to submit, in a timely manner, adequate
information which demonstrates that the requirements for obtaining
a permit or permit amendment are met in response to any deficiency
notification issued by the executive director pursuant to the
provisions of this section, or § 116.131 of this title
(relating to Public Notification Requirements). If an applicant
fails to make such good faith effort, the executive director shall
void the application and notify the applicant. If the application
is resubmitted within six months of the voidance, it shall be
exempt from the requirements of § 116.140 of this title
(relating to Permit Fee Applicability).

116.115 General and Special
Conditions

(a) Permits, special permits, standard permits, and exemptions
may contain general and special conditions. The holders of permits,
special permits, standard permits, and exemptions shall comply with
any and all such conditions. Upon a specific finding by the
Executive Director that an increase of a particular pollutant could
result in a significant impact on the air environment, or could
cause the facility to be come subject to review under the
undesignated headings of this subchapter relating to Nonattainment
Review or Prevention of Significant Deterioration Review, the
permit may include a special condition which states that the
permittee must obtain written approval from the Executive Director
before constructing a source under a standard exemption or standard
permit.

(b) Holders of permits issued or amended prior to August 16,
1994, shall comply with the general conditions attached to the
permit. For permits issued or amended after August 16, 1994, the
following general conditions shall be applicable, but may not be
specifically stated within the permit document.

(1) Voiding of permit. A permit or permit amendment under this
chapter is automatically void if the holder fails to begin
construction within 18 months of date of issuance, discontinues
construction for more than 18 consecutive months prior to
completion or fails to complete construction within a reasonable
time. Upon request, the Executive Director may grant a one-time
18-month extension of the date to begin construction;

(2) Construction Progress. Start of construction, construction
interruptions exceeding 45 days, and completion of construction
shall be reported to the appropriate regional office of the Texas
Natural Resource Conservation Commission (TNRCC or Commission) not
later than 15 working days after occurrence of the event.

(3) Start-up notification. The appropriate air program regional
office of the commission shall be notified prior to the
commencement of operations of the facilities authorized by the
permit in such a manner that a representative of the TNRCC may be
present. Phased construction, which may involve a series of units
commencing operations at different times, shall provide separate
notification for the commencement of operations for each unit..

(4) Sampling requirements. If sampling of stacks or process
vents is required, the permit holder shall contact the TNRCC office
of Air Quality prior to sampling to obtain the proper data forms
and procedures. All sampling and testing procedures must be
approved by the executive director and coordinated with the
regional representatives of the commission. The permit holder is
also responsible for providing sampling facilities and conducting
the sampling operations or contracting with an independent sampling
consultant.

(5) Equivalency of methods. It shall be the responsibility of
the permit holder to demonstrate or otherwise justify the
equivalency of emission control methods, sampling or other emission
testing methods, and monitoring methods proposed as alternatives to
methods indicated in the conditions of the permit. Alternative
methods shall be applied for in writing and must be reviewed and
approved by the executive director prior to their use in fulfilling
any requirements of the permit.

(6) Recordkeeping. A copy of the permit along with information
and data sufficient to demonstrate compliance with the permit shall
be maintained in a file at the plant site and made available at the
request of personnel from the TNRCC or any air pollution control
program having jurisdiction. For facilities that normally operate
unattended, this information shall be maintained at the nearest
staffed location within Texas specified by the permit holder in the
permit application. This information shall include, but is not
limited to, production records and operating hours. Additional
recordkeeping requirements may be specified in special conditions
attached to the permit. Information in the file shall be retained
for at least two years following the date that the information or
data is obtained.

(7) Maximum allowable emission rates. The total emissions of air
contaminants from any of the sources of emissions listed in the
table entitled "Emission Sources--Maximum Allowable Emission Rates"
shall not exceed the values stated on the table attached to the
permit

(8) Maintenance of emission control. The facilities covered by
the permit shall not be operated unless all air pollution emission
capture and abatement equipment is maintained in good working order
and operating properly during normal facility operations.
Notification for upsets and maintenance shall be made in accordance
with § 101.6 and § 101.7 of this title (relating to
Notification Requirements for Major Upset and Notification
Requirements for Maintenance).

(9) Compliance with rules. Acceptance of a permit by a permit
applicant constitutes an acknowledgment and agreement that the
holder will comply with all rules, regulations, and orders of the
commission issued in conformity with the TCAA and the conditions
precedent to the granting of the permit. If more than one state or
federal rule or regulation or permit condition are applicable, then
the most stringent limit or condition shall govern and be the
standard by which compliance shall be demonstrated. Acceptance
includes consent to the entrance of commission employees and agents
into the permitted premises at reasonable times to investigate
conditions relating to the emission or concentration of air
contaminants, including compliance with the permit.

(c) There may be additional special conditions attached to a
permit upon issuance or modification of the permit. Such conditions
in a permit may be more restrictive than the requirements of Title
30 of the Texas Administrative Code.